Delhi High Court
Kunsang Dechen vs Union Of India & Ors on 21 April, 2017
$~95
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 21.04.2017
+ W.P.(C) 2830/2017
KUNSANG DECHEN ..... Petitioner
versus
UNION OF INDIA & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr Simarpal Singh Sawhney.
For the Respondents Mr Prasanta Verma, Ms Prativa Varma, Advocates with
:
Mr Girdhari Lal, Assistant from RPO, Delhi.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 21.04.2017
SANJEEV SACHDEVA, J. (ORAL)
CM No.12347/2017 (exemption)
Allowed, subject to all just exceptions.
W.P.(C) 2830/2017
1. The petitioner, by the present petition, seeks a direction to the
respondent to accept the surrender of the Identity Certificate of the
petitioner and cancel the same as per Rules and to issue the Police
Clearance Certificate.
2. It is contended that petitioner was earlier issued an Identity
Certificate on 11.05.2007. The Identity Certificate was valid for a
period of ten years and is due to expire on 10.05.2017. The petitioner
thereafter applied for passport and was issued passport on 09.06.2008.
The petitioner applied for a Police Clearance Certificate but the same
has been denied on the ground that the petitioner holds passport and
has not yet surrendered her Identity Certificate.
3. Learned counsel for the petitioner submits that the petitioner is
ready and willing to surrender the Identity Certificate and had even
approach the Regional Passport Officer but the same was not
accepted. He further submits that the Identity Certificate itself states
that on issuance of a passport, the Certificate was ceased to be valid.
4. Learned counsel for the respondent submits that the Police
Clearance Certificate was not granted to the petitioner as the petitioner
had not surrendered her Identity Certificate. He further submits that
in terms of Rule 13 of the Passport Rules, 1980, the petitioner cannot
possess both the passport as well as the Identity Certificate.
5. Learned counsel for the respondent further submits that the
earlier application filed by the petitioner has already been closed, in
view of the above discrepancy and the petitioner would need to apply
afresh for the Police Clearance Certificate.
6. In view of the above, the Writ Petition is disposed of by
directing the petitioner to surrender the Identity Certificate with the
Regional Passport Officer within ten days.
7. The petitioner shall thereafter be at liberty to file an application
for issuance of Police Clearance Certificate. On such an application
being filed, the respondent shall consider the same in accordance with
law.
8. However, it is clarified that the earlier ground of the petitioner
possessing an Identity Certificate and the passport would not come in
the way of the respondents processing the said application.
9. Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
APRIL 21, 2017
'Sn'
